Criminal

Domestic Violence

DOMESTIC VIOLENCE DEFENSE LAWYER

DOMESTIC VIOLENCE DEFENSE ATTORNEYS

Ferguson & Ferguson

Attorneys at Law

Many people do not realize just how serious a charge of domestic violence can be. If you are convicted of a domestic assault, harassment, or related charge, you could be facing fines and jail time. You could lose your right to carry a firearm. Under Alabama domestic violence law, domestic abuse takes place when a crime such as harassment, assault, menacing, reckless endangerment or stalking is committed, attempted or threatened against someone with whom the abuser has a familial relationship (i.e., spouse, former spouse, child, parent, household member or former household member, etc). We offer a no obligation, FREE CONSULTATION to all clients charged with a crime. We are the only Decatur or Huntsville, Alabama criminal defense lawyers who offer a LOWEST FEE GUARANTEE. Call 256-534-3435 or 256-350-7200. We are here to help.

Alabama law recognizes three degrees of domestic violence, as well as the felony of domestic violence by strangulation or suffocation.

Section 13A-6-130 Code of Alabama — Domestic violence – First degree.

(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection. (b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.

(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection. (b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the second degree.

(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of reduction in time for any second or subsequent conviction under this subsection. (b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.

Why Hire Ferguson & Ferguson

If you have been charged with domestic violence in Huntsville, Decatur, Hartselle or Athens, Alabama, you need an experienced defense attorney. Make sure you do not talk to anyone until you have spoken with an attorney. Our attorneys have over 45 years of combined experience representing clients charged with criminal offenses. Our offices are conveniently located in downtown Decatur and Huntsville, Alabama. Contact us today for a free initial consultation at 256-534-3435 or 256-350-7200. Call now.

Firm News

Policy Limits Settlement For Injured Passenger

Our firm recently settled with two different insurance companies for policy limits in a two car accident in Madison County, Alabama. Our client was a passenger in the vehicle that pulled out in front of another driver. Our attorneys…

Firm News

Pro Ami Settlement

Our attorneys have negotiated a six figure settlement for a young man injured in a one car accident in Morgan County. The attorneys were able to negotiate a settlement even though Alabama has a guest passenger statute. The minor…

Firm News

James Edward Helton Killed in Hit and Run Accident

Pedestrian hit and run accidents are amongst the worst felonies because when you hit a pedestrian and fail to stop you are denying the victim the necessary aid that could save that person’s life. How could someone be so thoughtless…

Uncategorized

Staying Connected with Senior Loved Ones Living Far Away

An estimated 15 percent of the 34 million Americans who care for older parents live an hour or more away from their loved ones, and nearly one-third of those helping someone a distance away care for someone with Alzheimer’s…

Uncategorized

A Downsizing Guide For Seniors

A Downsizing Guide For Seniors Photo credit by Pixabay Downsizing is the right choice for many seniors. Maintaining a large home that is now an empty nest may not be worth it, however, relocating to a new home can…

Car Accidents

Policy Limits Settlement For Injured Passenger

Our firm recently settled with two different insurance companies for policy limits in a two car accident in Madison County, Alabama. Our client was a passenger in the vehicle that pulled out in front of another driver. Our attorneys…